India: In Distrust We Trust

Last Updated: 26 October 2016
Article by Somasekhar Sundaresan

Economists say that the length of the Constitution of a country is inversely proportional to the level of mutual trust in society and unfortunately India has the world's longest Constitution.

India has the world's longest Constitution (78,255 words, with 395 articles and 98 amendments), which represents the lowest level of mutual trust in society, according to two economists studying constitutional length and distrust among citizens.

Christian Bjornskov and Stefan Voigt, in a paper titled Constitutional Verbosity and Social Trust, have measured the length of 110 nations' Constitutions and argue that the length of the founding charter is inversely proportional to the level of trust (measured in terms of a survey) that citizens have in one another.

Nations with long constitutions and low trust levels included Kenya, at 74,789 words and Brazil, at 42,472 words. On the other hand, the US with 4,542 words is above average in social mutual trust while nations like Norway and Denmark have high trust levels. Scandinavian nations seem to fare well with brevity of charters: Iceland's constitution has just 4,115 words.

These are not the first economists to seek deeper meaning from shallow criteria such as word length of a constitution. Other economists have attempted to correlate the length of a nation's constitution with GDP data to argue that the longer a nation's constitution, the lower its economic growth rate - hinting at how social distrust imposes higher transaction costs and thereby slows down economic progress.

Yet others have argued that the greater the length of a Constitution, the more difficult it is to amend. It has also been argued that contrary to length, a greater number of amendments are sought when constitutions are longer, since the political system would continue to remain dissatisfied and distrustful of the detail imposed by the long constitution, adding to the length.

In arriving at conclusions on correlation between two factors under study, an economic theory necessarily has to adopt the ubiquitous assumption of "other things being equal". Yet, social reality is that other things are indeed not equal. And factors that can never be equal could pretty much render such economic research practically meaningless. For example, a nation like the United States with an above-average social trust in terms of the survey used is regarded as having a libertarian constitution, and yet something as indefensible as slavery thrived under it with legitimacy for really long. For a Dummies' Guide to Slavery, see Lincoln and 12 Years a Slave. For more insight, read the books Narrative of the Life of Frederick Douglass and Incidents in the Life of a Slave Girlby Harriet Jacobs.

On the other hand, founders of younger republics like India or Pakistan (and more recently, monarchies-turning-republics like Nepal and some Arab states) that are born amidst social turmoil may seek to write their constitutions hoping to pre-empt social unrest in future. Behavioural science is known to often trip up seemingly apparent economic theory. Such nations also seek to learn from experience of the older republics and would therefore tend to draft more verbose safeguards hoping to protect against history repeating itself. Likewise, the founders of nations with largely mono-racial and homogenous people would not have as much to worry about as nations with complex diversity among its people.

The key question may well become whether a nation's founders are right in harbouring distrust of future subversion, thereby letting their insecurities lead to longer constitutional drafts. The attitude of inheritors of a constitution towards preserving values also plays a major role in its success. For example, Pakistan was envisioned as a secular state in which Muslims would be in a majority, and therefore feel less insecure than how they would feel in India. It is the inheritors of that constitution who failed that secular foundation, with religious politics wreaking long-term damage. Tidbit: the national anthem of Pakistan was authored by a Hindu.

Many in India quarrel with the idea of India being a 'secular' one, if that term means being sensitive to minority faith, with a conscious indifference to the majority faith. India does risk going the Pakistani way, something the founders seemed to suspect and fear. The Indian judiciary too has protected the constitution by ruling that no amendment could alter the 'basic features'. So have the Indian armed forces by not being tempted to emulate the generals across the border to overthrow civilian authority by military force.

Therefore, distrust in a constitution is not necessarily a bad feature. Indeed, Yugoslavia had more provisions in her constitution (406), perhaps evidencing deeper distrust, and the nation is no more. Yet, a shorter constitution and high economic growth too need not mean a healthier political situation. A prosperous nation like Switzerland in which linguistic diversity has thrived, failed the test of religious diversity, sowing the seeds of being a future Yugoslavia by legitimately enabling a ban on constructing minarets.

A constitution is the law that governs how laws are made by a nation. It aims to protect a nation from the law to be able to give protection of the law. A high level of distrust would be an inherent feature. The magazine Foreign Policy rightly asks of this study, whether Egypt's new post militarycoup constitution at a concise 20,000-word length, reinforcing martial control can prove a strong sense of social trust. In the political economy, other things are never equal.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on

Click to Login as an existing user or Register so you can print this article.

In association with
Related Topics
Related Articles
Up-coming Events Search
Font Size:
Mondaq on Twitter
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of

To Use you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.


The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.


Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions